Lawfare Archive: Julian Mortenson on 'The Executive Power'
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 10 February 2024
⏱️ 56 minutes
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Summary
From April 13, 2019: Julian Mortenson, Professor of Law at the University of Michigan, is the author of a remarkable new article entitled "Article II Vests Executive Power, Not the Royal Prerogative," in the Columbia Law Review and available on SSRN.
Recently, Benjamin Wittes spoke with the professor about the article, which Mortenson has been working on for years—as long as the two have known each other. The article explores the history of exactly three words of the U.S. Constitution—the first three words of Article II, to be precise: "the executive power."
Huge claims about presidential power have rested on a conventional understanding of these three words. Julian argues that this conventional understanding is not just partially wrong, or mostly wrong, but completely wrong, as a matter of history. And, he tries to supplant it with a new understanding that he argues is actually a very old understanding of what those words mean.
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| 1:00.5 | one use only teas and sees online. as Receipt, One Use Only Teases Online. I'm Maya Nicholson, Internet Law Fair with an episode from the Lawfare |
| 1:17.9 | Archive for February 10th, 2024. Earlier this week, the DC Circuit ruled that former President Donald Trump is not immune from prosecution in the government's case against him for his role in the January 6th attack. |
| 1:30.0 | Trump had previously moved to dismiss his indictment and asserted executive immunity from prosecution. |
| 1:35.0 | For today's archive episode, I picked an episode from April 13th, 2019, |
| 1:40.0 | in which Benjamin Woodus sat down with Julian Mortenson, author of Article 2 v. |
| 1:45.1 | Executive Power, not the Royal Prorogative. |
| 1:47.9 | They discussed the history of the words, the Executive Power in the US Constitution, why |
| 1:52.4 | Mortenson believes the conventional |
| 1:54.2 | understanding of the words are wrong, and more. |
| 1:58.2 | I'm Benjamin Wittis, and this is the Law Fair Podcast April 16th, 2019. |
| 2:08.8 | Julian Mortenson is a professor of law at the University of Michigan. |
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